[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Page 10359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 021805H]


Request for a Limited Waiver of the Moratorium on Taking Marine 
Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability.

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SUMMARY: The Makah Tribe of Washington State submitted a request to 
NMFS for a waiver of the moratorium in the Marine Mammal Protection Act 
on taking marine mammals. The request is available for public 
inspection.

ADDRESSES: A copy of the request may be obtained by writing Chief, 
Marine Mammal Conservation Division, Office of Protected Resources, 
NMFS/PR2, 1315 East West Highway, Silver Spring, MD 20910

FOR FURTHER INFORMATION CONTACT: Tom Eagle, Office of Protected 
Resources, 301-713-2322, ext. 105, e-mail [email protected] .

SUPPLEMENTARY INFORMATION:

Electronic Access

    The request for waiver and supplemental material are available via 
the Internet at http://www.nmfs.noaa.gov/pr/. See Makah Request for 
Waiver under ``Recent News and Hot Topics''.

Background

    On February 14, 2005, NMFS received a request from the Makah Tribe 
of Washington State for a waiver of the MMPA's moratorium on taking 
marine mammals to allow Tribal members to take limited number of 
Eastern North Pacific gray whales under an aboriginal subsistence quota 
issued by the International Whaling Commission (IWC). The Makah request 
to harvest up to 20 whales in a 5-year period; however, in a single 
year, no more than seven whales could be struck, and no more than five 
whales could be landed.
    MMPA section 101(a) places a moratorium on the taking of marine 
mammals with limited specific exceptions. MMPA section 101(a)(3)(A) 
allows and directs NMFS to determine when, to what extent, if at all, 
and by what means, it is compatible with the MMPA to waive the 
moratorium. In so doing, NMFS must have due regard for the 
distribution, abundance, breeding habits, and times and lines of 
migratory movements of such marine mammals. Formal procedures for 
waiving the moratorium and issuing pertinent regulations are described 
in MMPA section 103(d).

    Dated: February 23, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 05-4048 Filed 3-2-05; 8:45 am]
BILLING CODE 3510-22-S